James C. McMillin Shareholder |  | |
Biography
James McMillin’s litigation and counseling practice concentrates in the area of complex commercial disputes, particularly those involving securities law, corporate governance (including contests for corporate control), corporate finance, intellectual property, antitrust and trade regulation. He practices nationwide in federal and state courts, as well as regulatory agencies and domestic and international arbitration tribunals, and has been listed in Who’s Who in American Law since 1985.
Jim is the author of “Recent Developments in Litigation Under the Securities Act of 1933,” The Review of Securities & Commodities Regulation, Vol. 33, No. 1 (2000); “Principled Fairness in the Regulation of Petroleum Prices,” Texas Law Review (1979); and “Military Law,” 1974/1975 Annual Survey of American Law 97.
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Representative Experience
- Represented shareholders in a successful contest for control of a major Kansas City real estate development company.
- Obtained a defense verdict in a jury trial in federal court in Seattle involving an underwriter in a securities fraud case.
- Acted as special antitrust counsel to the underwriters in a $1.3 billion initial public offering.
- Successfully defended a major food processor in a trademark infringement action in federal court in Los Angeles.
- Successfully defended a New York Stock Exchange-listed independent oil and gas company in a securities fraud action brought in federal court in Oklahoma City.
- Obtained full restitution for plaintiffs in a commodities fraud action brought in federal court in Chicago.
- Successfully defended a securities fraud action against a manufacturer of child safety products in federal court in Boston.
- Obtained a dismissal of securities fraud claims against an underwriter prior to filing a motion to dismiss in a securities fraud action brought in federal court in Palo Alto.
- Obtained summary judgment in a securities fraud action against a pipeline company in federal court in New York.
- Conducted an internal fraud investigation of a subsidiary of a well-known entertainment company.
- Successfully represented the leading manufacturer of direct fired heaters used in refineries throughout the world in a theft of trade secrets claim against its former president. As a result, the former president assigned all of his rights in a potentially revolutionary patent to our client, along with the associated knowhow.
- Successfully represented a maker of low pressure valves used in the petroleum industry in two trademark infringement claims against our client's competitors. In each case, the infringer acknowledged the validity of our client's marks, agreed that their use had constituted infringement, and agreed immediately to cease infringing.
- Successfully represented an Indian tribe in a suit to overturn a decision of the National Indian Gaming Commission (NIGC) that would have resulted in closing the tribe's gaming facility. Obtained a judgment in federal court that the NICG's decision was arbitrary and capricious.
- Directed the firm's defense of Wyeth in Phen-Fen cases for 18 months until a global settlement was reached. Also maintained an active caseload of these cases while overseeing the work of 15 lawyers in the firm and was one of two lawyers on the expert witness team that took all depositions of plaintiffs' expert witnesses.
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